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Study On Anti-monopolistic Regulation Of Transnational Mergers And Acquisitions

Posted on:2012-02-19Degree:MasterType:Thesis
Country:ChinaCandidate:X H YangFull Text:PDF
GTID:2216330338964029Subject:Law
Abstract/Summary:PDF Full Text Request
With the quickening of the global economic integration proceeds, transnational M&A as a main way of international direct investment attracts many countries'attention. Transnational M&A for enterprises can increases international competitiveness, promoting economic development, but it may also lead to market concentration and monopoly. Because of transnational M&A is beyond the scope of one country, So facing the negative effects of transnational M&A, a country's anti-monopoly law cannot regulates it. We must rely on the cooperation between the countries.Foreign mergers and acquisitions overseas as two patterns of transnational merger develop quickly. The harm of transnational M&A to our country mainly embodied in foreign mergers. Foreign mergers can bring the capital and technology, but it also harm China" economic security. At the same time, our enterprise is actively implementing the strategy of "going out ",but the success rate of acquisition overseas is very low, therefore, we must deal with the two problems that how effectively using of foreign capital, reducing the impact on our country's economic security and improving the success rate of acquisition overseas. This article introduces the United States, the European Union and the WTO'counter-monopoly legislation. Hoping by perfecting the anti-monopoly law countermeasures, we can deal with the two problems.The first chapter is an overview of transnational M&A. The author first analyzes the concept of M&A,the concept of transnational M&A, and then further analyses the types and features.The second chapter introduces the antitrust law of America. It includes the substantial standards of America on regulating international M&A, such as definition of relevant market, market concentration analysis and exemption reason.The third chapter is devoted to regional regulation of international M&A such as the European Union. It includes the legal origins of the anti-trust law about international M&A, the substantial standard such as definition of relevant market, market concentration analysis, exemption reason,in addition, it also introduces the purview division,the one-stop shop and so on.Chapter IV describes international cooperation of antimonopoly law about transnational M&A.It is divided into bilateral cooperation and multilateral cooperation. In the bilateral cooperation, it includes five ways,such as notification, exchanging of information, cooperation and coordination of law enforcement, positive comity and passive comity. In the multilateral cooperation, We can unify the anti-monopoly law under the WTO system.Chapter V is about the China's transnational M & A and the perfection of anti-monopoly law. We must absorb the advanced legislation experience of the United States and the European Union and actively participate in international cooperation in the anti-monopoly law, reducing the conflict of laws, legal risks and political risks.
Keywords/Search Tags:Transnational mergers and acquisitions, Anti-monopoly law, Law regulation
PDF Full Text Request
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